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RESOLUTION NO. 2975
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 91-29, AUTHORIZING THE ESTABLISHMENT OF
A PAINT, RESTORATION AND AUTO BODY SHOP; AND
APPROVING DESIGN REVIEW 91-26, AN AUTO LEASING
AND AUTO BODY SHOP FACILITY PROJECT LOCATED AT
36 AUTO CENTER DRIVE, TUSTIN
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
A proper application, Conditional Use Permit
91-29 has been filed on behalf of Mr. Joe
MacPherson requesting authorization for the
establishment of a paint, restoration and auto
body shop; and conditionally approving Design
Review 91-26, an auto leasing and auto body
shop facility project located at 36 Auto
Center Drive, Tustin.
Be
A public hearing was duly called, noticed and
held for said application on November 12,
1991.
C·
The subject premise is located in a Planned
Community Commercial (PC-C) District. The use
applied for is a conditionally permitted use
in the Planned Community Commercial District
within the East Tustin Auto Center Planned
Community Regulations.
De
That the establishment, maintenance, and
operation of the use applied for will not,
under the circumstances of this case, be
detrimental to the health, safety, morals,
comfort, or general welfare of the persons
residing or working in the neighborhood of
such proposed use nor be a detriment to the
property and improvements in the neighborhood
of the subject property, nor to the general
welfare of the City of Tustin as evidenced by
the following findings:
·
The proposed use is a paint, restoration
and auto body shop in conjunction with an
auto leasing facility, which is located
in an existing auto center established to
house auto-related uses. The proposed
use would be compatible with the other
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Resolution No. 2975
Page 2
existing auto-related uses within the
center.
·
The proposed project is located with an
existing auto center and surrounded by
similar uses and freeway frontages. With
the lack of sensitive land uses being
adjacent to the site, the use poses no
significant impact.
·
Ail work in conjunction with the proposed
use shall be conducted indoors with the
proper facilities for insuring control of
air pollutants and sound attenuation.
·
The applicant will provide adequate
lighting on the proposed project for
pedestrian, parking and auto storage
areas; creating a safe environment for
customers and employees.
·
Adequate parking is available on site to
provide parking for the proposed use.
·
The applicant will provide an adequate
surveillance system on the site to ensure
a safe environment.
·
The applicant will properly maintain the
subject property in a safe, clean and
sanitary manner; thus eliminating any
potential for unhealthful or injurious
site conditions.
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
location, size, architectural features and
general appearance of the proposed development
will not impair the orderly and harmonious
development of the area, the present or future
development therein, or the occupancy as a
whole. In making such findings, the
Commission has considered at least the
following items:
1. Height, bulk and area of building.
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Resolution No. 2975
Page 3
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
·
Size and spacing of windows, doors and
other openings.
·
Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
·
Landscaping, parking area design and
traffic circulation.
·
Location, height and standards of
exterior illumination.
·
Location and appearance of equipment
located outside of an enclosed structure.
10. Location and method of refuse storage.
11. Physical relationship of proposed
structures to existing structures in the
neighborhood.
12. Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
13. Development Guidelines and criteria as
adopted by the City Council.
II. The Planning Commission hereby approves Conditional
Use Permit 91-29 authorizing the establishment of a
paint, restoration and auto body shop; and
conditionally approving Design Review 91-26, an
auto leasing and auto body shop facility project
located at 36 Auto Center Drive, subject to the
conditions contained within Exhibit A attached
hereto.
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Resolution No. 2975
Page 4
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 12th day of November,
1991.
KATHLEEN CLK~CY-~..
Secretary ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
2975 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 12th day of
November, 1991.
KATHLEEN CLANCY ..,~-'7'-
Recording Secretar~
EXHIBIT A
CONDITIONAL USE PERMIT 91-29
DESIGN REVIEW 91-16
CONDITIONS OF APPROVAL
RESOLUTION NO. 2975
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped November 12,
1991 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. The Director of Community Development may also
approve subsequent minor modifications to plans during
plan check if such modifications are to be consistent
with provisions of the East Tustin Auto Center Planned
Community regulations.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Approval of Conditional Use Permit 91-29 and Design
Review 91-26 is contingent upon the applicant signing and
returning an "Agreement to Conditions Imposed" form as
established by the Director of Community Development.
(1) 1.4 This Conditional Use Permit and Design Review approval
shall become null and void unless building permits are
issued within eighteen (18) months of the date of this
Exhibit. Time extensions may be granted by the Planning
Commission if a written request is received by the
Community Development Department within thirty (30) days
prior to expiration.
(1) 1.5 The applicant shall sign and return an Agreement to
Conditions Imposed form. prior to the issuance of any
permits.
*** 1.6 Parcel Map 87-201 shows two (2) easements:
(4)
1. Ten-foot-wide future refined petroleum products
easement.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - CUP 91-29, DR 91-26
Resolution No. 2975
Page 2
·
Fifteen-foot-wide easement dedicated to Irvine
Ranch Water District (IRWD).
The preliminary site plan proposes three (3) light
standards within these easements. Prior to issuance of
building permits, a letter of confirmation from the
owners of the above-listed easements regarding the
location of these standards shall be placed on file with
the Community Development Department.
*** 1.7 Prior to issuance of building permits, a Landscape
(4) Maintenance Agreement between the property owner (Parcel
2 of P.M. No. 87-201) and the Merchants Association
(Parcel B of P.M. No 87-201) for the sliver of land
located outside the proposed [site] at the far southeast
corner of the site is to be placed on file with the
Community Development Department.
(4) 1.8 Prior to issuance of grading permits, a Drainage
Agreement between the property owner (Parcel 2 of P.M.
No. 87-201) and the Merchants Association (Parcel 7 of
P.M. No 84-1032) be placed on file with the Community
Development Department.
PLAN SUBMITTAL
2.1 At building plan check the following shall be submitted:
(3) A.
(2) B.
(3)
(2)
(3)
Three (3) sets of construction plans and two (2)
sets of structural calculations, and Title 24
energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
Preliminary technical detail and plans for all
utility installations including cable TV,
telephone, gas, water and electricity.
Additionally, a note on plans shall be included
stating that no field changes shall be made without
corrections submitted to and approved by the
Building Official.
Ce
Final grading and specifications consistent with the
site plan and landscaping plans and prepared by a
registered civil engineer for approval of the
Community Development Department.
Exhibit A - CUP 91-29, DR 91-26
Resolution No. 2975
Page 3
(2) D.
(3)
A precise soils engineering report provided by a
soils engineer within the previous twelve (12)
months.
Ze
A separate 24" x 36" Street Improvement Plan will
be required showing all construction within the
public right-of-way, which shall include, but not
be limited to the following:
ae
Drive Apron
Sidewalk
Domestic Water Service
Fire Service (if required)
Curb Drain (if utilized)
Sanitary Sewer Service
Fi
A grading plan delineating the following will be
required:
ae
Ce
Existing street elevations at key locations,
Final pad/finish floor elevations and key
elevations for all site grading. All final
pad elevations to be a minimum of 1.0 feet
above the base flood elevation as' defined by
FEMA.
All flood hazard areas of record must be
shown.
(1) Z.2 Architectural plans shall not be submitted for plan check
unless accompanied by a letter approving proposed design
by the Irvine Company.
SITE ]%l~D BUILDING CONDITIONS
(1) 3.~ Ail exterior colors to be used shall be subject to review
(4) and approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and elevations shall
indicate all colors and materials to be used.
(1) 3.Z Note on final plans that a six foot high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles. All construction access to the
site shall be taken from Auto Center Drive.
(1) 3.3 Ail mechanical and electrical fixtures and equipment
(4) shall be adequately and decoratively screened. The
Exhibit A - CUP 91-29, DR 91-26
Resolution No. 2975
Page 4
screen shall be considered as an element of the overall
design of the project and shall blend with the
architectural design of buildings. All telephone and
electrical boxes shall be indicated on the building plans
and shall be completely screened. Electrical
transformers shall be located toward the interior of the
project maintaining a sufficient distance from frontage
of the project.
(1) 3.4 Block walls which do not also serve as perimeter walls
(3) for project shall be consistent with main building
( 4 ) treatments.
(3) 3.5 The Tustin City Noise Ordinance, allowing a maximum
exterior noise level of 70 dBa, shall be observed on the
premises at all times.
(4) 3.6 Ail lighting and building locking devices added to the
premises shall meet those requirements as set forth in
the Building Security Code.
3.7 The subject property shall be maintained in a safe, clean
and sanitary condition at all times.
If loud speakers are to be used on this site, a detailed
plan of the speaker program shall be submitted and
reviewed for conformance with the approved Loudspeaker
criteria.
3.9 A complete, detailed project sign program including
design, location, sizes, colors, and materials shall be
submitted for review and approval by the Department of
Community Development. All signs shall conform to the
East Tustin Auto Center Sign program including window
signs which shall not exceed 25% of qiass area upon which
the sigh is located.
The sign program shall include project identification,
addressing and directional signs to direct autos to
proper access, parking and loading.
Fire access area designated on plans dated November 12,
1991 will be kept clear at all times. Signs shall be
posted in the area stating, "No car storage nor servicing
shall occur in this area. Fire Access Zone."
Exhibit A - CUP 91-29, DR 91-26
Resolution No. 2975
Page 5
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(1) 4.1 Submit at plan check complete detailed landscaping and
(7) irrigation plans for all landscaping areas consistent
with adopted City of Tustin Landscaping and Irrigation
Submittal Requirements. Provide summary table applying
indexing identification to plant materials in their
actual location. The plant table shall list botanical
and common names, sizes, spacing, actual location and
quantity of the plant materials proposed. Show planting
and berming details, soil preparation, staking, etc. The
irrigation plan shall show location and control of
backflow prevention devices, pipe size, sprinkler type,
spacing and coverage. Details for all equipment must be
provided. Show all property lines on the landscaping and
irrigation plan, public right-of-way areas, sidewalk
widths, parkway areas, and wall locations. The
Department of Community Development may request minor
substitutions of plant materials or request additional
sizing or quantity materials during plan check. Note on
landscaping plan that coverage of landscaping and
irrigation materials is subject to field inspection at
project completion by the Department of Community
Development.
(7) 4.2 The submitted landscaping plans at plan check shall
(6) reflect the following requirements:
ae
Turf is unacceptable for grades over 25%. A
combination of planting materials must be used,
ground cover on large areas along is not
acceptable.
B.
Provide a minimum of one 15 gallon size tree for
every 30 feet of property line on the property
perimeter and five 5 gallon shrubs.
Ce
Shrubs shall be a minimum of 5 gallon size and
shall be spaced a minimum of 5 feet on center.
De
Ground cover shall be planted between 8 to 12
inches on center.
Up along fences and/or walls and equipment areas,
provide landscaping screening with shrubs and/or
vines and trees on plan check drawings.
F.
Ail plant materials shall be installed in a healthy
vigorous condition typical to the species and
landscaping must be maintained in a neat and
healthy condition, this will include but not be
Exhibit A - CUP 91-29, DR 91-26
Resolution No. 2975
Page 6
limited to trimming, mowing, weeding, removal of
litter, fertilizing, regular watering, or
replacement of diseased or dead plants.
Ge
A thickly planted landscape shall be installed
along the edge of the project. Use natural
landscaping and other architectural detailing and
use of materials to border structured parking areas
and soften their visual appearance.
(4) 4.3 Ail walls, fences or landscaping should be designed to
provide adequate sight distance for vehicles at all
intersections.
(4) 4.4 Indicate lighting scheme for project, note locations of
all exterior lights and types of fixtures, lights to be
installed on building shall be a decorative design. No
lights shall be permitted which may create any glare or
have a negative impact on adjoining properties. The
location and types of lighting shall be subject to the
approval of the Director of Community Development.
(4) 4.5 The proposed drive entrance location shall be revised or
*** the existing palm tree along the street shall be
relocated to maintain the continuity of the existing
streetscape design.
FEES
(1) 5.1 Prior to issuance of any building permits, payment shall
(3) be made of all required fees including:
(6)
A. Major thoroughfare and bridge fees to Tustin Public
Works Department.
-
Be
Grading plan checks and permit fees to the
Community Development Department.
Ce
Ail applicable building plan check and permit fees
to the Community Development Department.
De
Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty-five dollars) pursuant to AB 3185, Chapter
1706, Statutes of 1990, enable the City to file the
Notice of Determination required under Public
Resources code Section 21151 and 14 Cal. Code of
Regulations 15094. If within such forty-eight (48)
Exhibit A - CUP 91-29, DR 91-26
Resolution No. 2975
Page 7
hour period that the applicant has not delivered to
the Community Development Department the above-
noted check, the approval for the project granted
herein shall be considered automatically null and
void.
In addition, should the Department of Fish and game
reject the Certificate of Fee Exemption filed with
the Notice of Determination and require payment of
fees, the applicant shall deliver to the Community
Development Department, within forty-eight (48)
hours of notification, a cashier's check payable to
the COUNTY CLERK in the amount of $850 (eight
hundred fifty dollars) pursuant to AB 3158, Chapter
1706, Statutes of 1990. If this fee is imposed,
the subject project shall not be operative, vested
or final unless and until the fee is paid.
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